The Judge.—“Well, I am going to question the witness. It has been declared in this trial that you were the author of the famous bordereau. What have you to say thereupon?”
Major Esterhazy.—“I ask permission to make a declaration to the jurors before answering you.”
The Judge.—“You can make such a declaration, now that you have taken the oath.”
Major Esterhazy.—“Gentlemen of the jury, I do not know whether you realize the abominable situation in which I am placed. Without the shadow of a proof, a wretch, M. Mathieu Dreyfus, has dared to accuse me of being the author of the crime for which his brother is being punished. He has accused me of the crime of high treason. For seven weeks two examinations were in progress. My accusers had a chance to produce all their proofs. They were offered the widest latitude; they produced nothing. I have been judged by my peers, by my superiors, who have acquitted me unanimously. Today, in contempt of all rights, in contempt of all the rules of justice. I am summoned before you, not as a witness, but as an accused. I protest with all my might against this treatment. I am kept in the witnesses’ room, and not allowed to put anyone forward in my justification. Meantime my accusers question the witnesses whom they have prepared. There is no one to raise his voice in my favor. During the last eighteen months, in the shadow, there has been woven against me the most frightful conspiracy ever woven against any man. During that time I have suffered more than anyone of my contemporaries has suffered in the whole of his life. I have been made the object of the most infamous manœuvres, the most cowardly manœuvres,—for it is especially cowardice that figures in this campaign. I am ready to answer all the questions that the court or the jurors may ask me. It is your right. As for these people, I do not answer them.”
The Judge.—“M. Labori, have you any questions to put?”
M. Labori.—“I am drawing up my motion, Monsieur le Président.”
The Judge.—“Witness, you may be seated.”
M. Labori.—“I add that I shall have some questions to put to the witness.”
The Judge.—“You will put them now, or not at all.”
M. Labori.—“I call attention to the way in which, twice in succession, you have refused me the means of maintaining the defence.”